The the law requires that we do a full investigation before we are permitted to file a medical malpractice lawsuit on your behalf. In fact, in medical malpractice cases in New York, we are obligated to obtain your medical records and have them reviewed by a medical expert who confirms
Only after the expert has confirmed all three of those elements are we permitted to go ahead and file a lawsuit.
This is unlike an accident case or negligence case, where an expert is not required before starting a lawsuit.
In every single medical malpractice case NY, we must have a medical expert confirm that you have a valid basis for a case. In addition, I, as the attorney, must certify to the court that I have had your records reviewed by a qualified expert who confirms that there is a basis to proceed forward.
Injured victims who are impatient are frustrated to learn that an attorney cannot start a lawsuit immediately, despite their belief that they have a valid case.
Over the course of my 24 year career, I have had only two clients demand that I start a lawsuit immediately.
In each of those cases, I politely explained to those injured victims that it is physically impossible to start a medical malpractice lawsuit immediately without doing a thorough and detailed investigation. That investigation can take many months before getting a definitive answer.
I told each of those prospective new clients that if they did not like my answer, they were welcome to take their potential case to another attorney and in fact I gave them a list of other attorneys they could talk to to confirm that what I was saying was accurate and true.
The fact that you believe you have a good valid case is important. However, the law requires that we conduct our “due diligence” appropriately so that I can make an intelligent decision about whether your case is right for me and my law firm.